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The bench embraces of Justices Arun Mishra and Naveen Sinha declined to entertain the PIL filed by Common Cause and Anjali Bharadwaj an RTI activist who raised the query against the appointment of the Interim Director of the CBI M Nageswar Rao and also requested the bench to bring more lucidity in the appointment procedure.
The bench repudiates the petition and order that there will be no interference as he was already been designated for this post and repulse the prayer to bring more liquidity in the appointment process.
The Backdrop of the petition: the appointment of Mr. Rao was not made on the basis of endorsement of the high powered selection committee, as it is obligatory under Section 4A of the DSPEA (Delhi Special Police Establishment Act). Since his appointment was made by the Appointment Committee of Cabinet which is not an authorized committee so it was quashed by the SC in the Alok Verma case. Yet the government still cites its earlier order which makes Mr. Rao the Interim Director of CBI which is contumacious of the order.
The RTI activist purported that: no transparent process is followed during the appointment of CBI Director by the government. According to her since the appointment of the Interim Director is not according to law therefore, the appointment is illegal and arbitrary. She also mentions that if such type of ambiguity will be there then it will give immense power to the government. Further, she also asked the court to lay down a mechanism which can bring lucidity in the selection process.
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